Walters asks for dismissal

Greg Tuttle and Ed Koch

Friday, June 9, 2000 | 10:32 a.m.

Attorneys for golf course developer and professional gambler Billy Walters are seeking dismissal of a third indictment against him for allegedly operating an unlawful sports betting operation.

According to Walters' attorney, Richard Wright, state prosecutors misled the grand jury by giving it incorrect instructions and allowing it to hear testimony that may have been inadmissible. The allegations were made in a motion filed Wednesday in Clark County District Court.

The grand jury indicted Walters and three others in November. Two prior indictments were thrown out by District Judge Donald Mosley, who has since recused himself.

According to the latest motion, the grand jury heard testimony from a New York police officer about organized crime that has "nothing at all to do with the charges" against Walters. As a result, the indictment should be tossed out, Walters' attorneys said.

The prosecutor in the case, Deputy Attorney General David Thompson, said Thursday he has not seen the defense motion and could not comment directly about it.

Thompson defended his office, however, saying it did nothing incorrect.

"Everyone who is connected with a prosecution always does his best to properly handle proceedings to guarantee fairness," Thompson said.

"The real question is, was there sufficient legal evidence for the grand jury to find probable cause to hold Mr. Walters and the others over for trial?" Thompson said there was.

Also on trial are Walters' associates Jimmie Hanley, Daniel Pray and John Tognino. The quartet has been accused of funneling money and information to and from illegal bookmakers nationwide through their Sierra Sports.